PARTAGER

Clarifications on the impact of the Evin law on trademarks

The Evin law relative to the anti-smoking and anti-alcohol campaign was put into force in France in January 1991 and deals specifically with restrictions on communication and advertising for tobacco products and alcoholic beverages. According to the text, « any publicity or advertising in favor of a company, a service, apiece of goods, or an article…

Lire la suite
PARTAGER

It Links!

    The Google Adwords system, allowing undertakings to purchase keywords and display advertisements on their basis, leads to legal difficulties when a keyword is a third party trademark. The growing number of French decisions against Google brings us to establish a portrait of the most significant aspects.

Lire la suite
PARTAGER

SHAPES

Registration is open only to shapes which significantly differ from norms and uses and do not meet any technical function or value. These aspects serve as the basis of most of the OHIM rejection decisions. However, acquired distinctiveness through use is a first solution for the registration to be granted as long as evidence of…

Lire la suite
PARTAGER

SMELLS

With the registration of the trademark « FRESH CUT GRASS  » in October 2000, everyone thought the OHIM had started the Community olfactory mark saga but it did not! Later on the Court of Justice and the Court of First Instance did not consider a chemical formula and a combination of a device and words to…

Lire la suite
PARTAGER

Sounds

Our sound Community mark No.004901658 filed in an MP3 format has passed through the OHIM examination stage successfully and has now been published. The sign can be heard on the OHIM web site database. To our knowledge, this is the first mark in an MP3 format to be accepted by the OHIM under the new…

Lire la suite
PARTAGER

FUGU vs./ FUBU

 vs./ FUBU On September 14, 2006, the Second Board of Appeal maintained that a difference of one letter in short signs was sufficient enough to avoid confusion between the marks above. Besides, the configuration of the mark FUGU enabled to move away from FUBU due to a device twice as big as the text and…

Lire la suite
PARTAGER

Spotlight on the public

On 17 October 2006, in the CALSYN vs/ GALZIN case, the European Court of First Instance (ECFI) confirmed that when assessing the risk of confusion between two pharmaceuticals trademarks the relevant public was composed of medical professionals and patients. Though the level of public attention is high, the very high similarity between the signs and…

Lire la suite